Spam a little lovelier?

Spamhaus Chief Information Officer Richard Cox … [informed] me that Hormel, makers of SPAM (the tinned meat product), recently (and graciously) allowed Spamhaus to trademark their name. That’s quite a breakthrough for the spam-fighting non-profit, and certainly a first for Hormel. The company awoke one day and found itself the owner of a household name — for all the wrong reasons.

On likelihood of confusion, Judge Seeherman asked: Don’t we have two different meanings for the marks?

Hormel: Not really. The brand SPAM when used on all things still carries a meaning quite apart from canned meat. There’s an iconic statement about it. I don’t want to limit the meaning to canned meat.

Judge Seeherman: When the defendant uses SPAM for a product that filters unwanted email?

Hormel: That’s intended meaning. But if someone sees SPAM ARREST, the likelihood is that people will think there is some sponsorship or affiliation with Hormel.

Sure. Hormel. Top of our minds, every stinking day of our lives, each time someone tries to sell us Cialis or refinancing via email and McAffee labels it “spam.” Right — we assume it came from the tinned meat company.

2 comments

I think the ubiquitous use of the word ‘spam’ is probably the best advertising a company could ask for. I don’t think it’s going to turn off people who already eat spam, but it might make a few people consider trying it. NOT!

The Title, the Blog and the Blogger

The question of whether consumers are likely to be confused is the signal inquiry that determines if a trademark infringement claim is valid. I write here about trademark law, copyright law, brands, free speech (mostly as it relates to the Internet) and legal issues related to blogging. That may sound like a lot, but it's just a blog.

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